TORTS: LEGAL MALPRACTICE: ARBITRATION: CIVIL PROCEDURE: VOLUNTARY DISMISSAL: TRIAL COURT LACKED JURISDICTION TO COMPEL VOLUNTARILY DISMISSED DEFENDANT TO SUBMIT TO ARBITRATION

Williams v. Kevin F. Jursinski, P.A., ___ So. 3d ___, 40 Fla. L. Weekly D705 (Fla. 2d DCA March 20, 2015)

The plaintiff sued a professional association and its former associate for legal malpractice. The plaintiff voluntarily dismissed the professional association after it filed a motion to compel arbitration. The trial court granted the motion and compelled the plaintiff, the … Click To Read Full Case Law Review...

TORTS: NEGLIGENCE: LEGAL MALPRACTICE: CRIMINAL DEFENDANT’S COMPLAINT FOR LEGAL MALPRACTICE WAS PROPERLY DISMISSED WITH PREJUDICE BECAUSE EXHIBIT TO COMPLAINT NEGATED HIS INNOCENCE; CIVIL PROCEDURE: A COMPLAINT MAY BE DISMISSED WITH PREJUDICE IF IT CANNOT BE AMENDED TO STATE A CAUSE OF ACTION; APPEALS: RIGHT FOR WRONG REASON RULE

Sawyer v. Boothe, ___ So. 3d ___, 39 Fla. L. Weekly D2062 (Fla. 2d DCA October 1, 2014)

Although the trial court erred by dismissing a criminal defendant’s complaint for legal malpractice based upon the statute of limitations, the appellate court affirmed under the right for the wrong reason rule.  The plaintiff was required “to prove that he had obtained … Click To Read Full Case Law Review...

TORTS: LEGAL MALPRACTICE: FRAUD: CONSTRUCTIVE FRAUD: CIVIL CONSPIRACY: CONSPIRACY BETWEEN PLAINTIFF AND DEFENSE FIRM TO DEPRIVE DEFENDANT OF AN EFFECTIVE DEFENSE CONSTITUTED EXTRINSIC, RATHER THAN INTRINSIC, FRAUD AND WAS NOT SUBJECT TO THE ONE YEAR LIMITATION IN FLA. R. CIV. P. 1.540

Olesen v. General Electric Capital Corporation, ___ So. 3d ___, 39 Fla. L. Weekly D303 (Fla. 5th DCA February 7, 2014)

The plaintiff was the owner of a company that leased busses and then sold or subleased them.  In order to fund the company’s operations, the plaintiff agreed to serve as the guarantor of a multimillion line of credit … Click To Read Full Case Law Review...

TORTS: LEGAL MALPRACTICE: GRANTEE HAD STANDING TO SUE GRANTORS’ LAWYER FOR LEGAL MALPRACTICE BECAUSE CONVEYANCE WAS INTENDED AS A GIFT: TWO INTEREST RULE INAPPPLICABLE

Dingle v. Dellinger, ___ So. 3d ___, 39 Fla. L. Weekly D322 (Fla. 5th DCA February 7, 2014)

The decedent retained a lawyer to convey real property, by quitclaim deed, as a gift to the plaintiffs.  After the decedent’s death, his widow successfully challenged the transfer, and the plaintiff’s sued the lawyer and his employer or principal for legal … Click To Read Full Case Law Review...

TORTS: LEGAL MALPRACTICE: FAILURE TO DISCLOSE AND OBTAIN WAIVER OF CONFLICT OF INTERESTS; CIVIL PROCEDURE: ERROR TO GRANT MOTION FOR ADDITUR AND AWARD NOMINAL DAMAGES AFTER JURY RETURNED ZERO VERDICT: ERROR TO GRANT NEW TRIAL BASED ON PLAINTIFF’S DISAGREEMENT WITH THE AMOUNT OF ADDITUR: APPEALS: ENTITLEMENT TO NOMINAL DAMAGES WAIVED BY FAILING TO REQUEST JURY INSTRUCTION ON NOMINAL DAMAGES OR TO REQUEST NOMINAL DAMAGES DURING CLOSING ARGUMENT: REFUSAL TO CONSIDER ARGUMENT MADE FOR THE FIRST TIME ON APPEAL

Bluth v. Blake,  ___ So. 3d ___, 38 Fla. L. Weekly D2614 (Fla. 4th DCA December 11, 2013)

The lawyer represented the developers and the investors in a real estate project.  When the parties reached an irreconcilable conflict, the lawyer represented the investors, and the developers sued the (1) investors for (a) breach of contract and (b) unjust enrichment … Click To Read Full Case Law Review...